Editorial 1: the Uncharted Territory of Outer Space
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Americans and the Moon Treaty Nancy L
Journal of Air Law and Commerce Volume 46 | Issue 3 Article 6 1981 Americans and the Moon Treaty Nancy L. Griffin Follow this and additional works at: https://scholar.smu.edu/jalc Recommended Citation Nancy L. Griffin, Americans and the Moon Treaty, 46 J. Air L. & Com. 729 (1981) https://scholar.smu.edu/jalc/vol46/iss3/6 This Comment is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Law and Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. Comments AMERICANS AND THE MOON TREATY NANCY L. GRIFFIN O N JULY 20, 1969, the United States successfully completed a technological space maneuver to place man on the moon for the first time.' Man's physical presence on the lunar surface represented such significant progress that the existing international law governing activities in outer space was no longer adequate to deal with the consequent legal questions.' The United States had taken a major step toward making the future occupation and ex- ploitation of the moon a reality. This event created a particular 1 TIME, July 25, 1969, at 10. SIn 1969, the international law governing states' activities in outer space consisted of United Nations General Assembly resolutions and two treaties: the Outer Space Treaty of 1967, 18 U.S.T. 2410, T.I.A.S. No. 6347, 610 U.N.T.S. 206, and the Rescue and Return Agreement of 1969, 19 U.S.T. 7570, T.IA.S. -
Space: the Luttc Ered Frontier Christopher D
Journal of Air Law and Commerce Volume 60 | Issue 4 Article 6 1995 Space: The luttC ered Frontier Christopher D. Williams Follow this and additional works at: https://scholar.smu.edu/jalc Recommended Citation Christopher D. Williams, Space: The Cluttered Frontier, 60 J. Air L. & Com. 1139 (1995) https://scholar.smu.edu/jalc/vol60/iss4/6 This Comment is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Law and Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. SPACE: THE CLUTTERED FRONTIER CHRISTOPHER D. WILIAMs TABLE OF CONTENTS I. INTRODUCTION ............................... 1140 II. OVERVIEW OF THE PROBLEM ................ 1141 A. AMOUNT OF DEBRIS .......................... 1141 B. TYPES OF DEBRIS ............................. 1142 C. RISKS OF SPACE DEBRIS ....................... 1144 1. Damage Caused by Space Debris ............ 1144 2. Probability of Collisions With Space Debris ... 1144 3. Interference Caused by Space Debris.......... 1146 III. DEFINING SPACE DEBRIS ..................... 1147 A. WHAT IS A SPACE OBJECT? .................... 1147 B. WHAT IS SPACE DEBRIS? ...................... 1149 IV. INTERNATIONAL LAW PROVISIONS .......... 1151 A. OUTER SPACE TREATY ........................ 1151 1. Article I-General Principles................ 1152 2. Article II-Appropriation Theory ............ 1152 3. Article VI and Article VII-Responsibility and Liability ............................. -
THE APPLICABILITY of the NORMS of EMERGENCY RESCUE of ASTRONAUTS to SPACE TOURISTS Author
The King’s Student Law Review Title: THE APPLICABILITY OF THE NORMS OF EMERGENCY RESCUE OF ASTRONAUTS TO SPACE TOURISTS Author: Tanvi Mani Source: The King’s Student Law Review, Vol. 7, No. 1 (2016), pp. 28-39 Published by: King’s College London on behalf of The King’s Student Law Review All rights reserved. No part of this publication may be reproduced, transmitted, in any form or by any means, electronic, mechanical, recording or otherwise, or stored in any retrieval system of any nature, without the prior, express written permission of the King’s Student Law Review. Within the UK, exceptions are allowed in respect of any fair dealing for the purpose of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act 1988. Enquiries concerning reproducing outside these terms and in other countries should be sent to the Editor in Chief. KSLR is an independent, not-for-profit, online academic publication managed by students of the King’s College London School of Law. The KSLR seeks to publish high-quality legal scholarship written by undergraduate and graduate students at King’s and other leading law schools across the globe. For more information about the KSLR, please contact: [email protected]. ©King’s Student Law Review 2016 THE APPLICABILITY OF THE NORMS OF EMERGENCY RESCUE OF ASTRONAUTS TO SPACE TOURISTS THE APPLICABILITY OF THE NORMS OF EMERGENCY RESCUE OF ASTRONAUTS TO SPACE TOURISTS Tanvi Mani* The rescue of Space Tourists is a significant issue that has been effectively excluded from the domain of Outer Space Law and policy. -
Space Rescue Ensuring the Safety of Manned Space¯Ight David J
Space Rescue Ensuring the Safety of Manned Space¯ight David J. Shayler Space Rescue Ensuring the Safety of Manned Spaceflight Published in association with Praxis Publishing Chichester, UK David J. Shayler Astronautical Historian Astro Info Service Halesowen West Midlands UK Front cover illustrations: (Main image) Early artist's impression of the land recovery of the Crew Exploration Vehicle. (Inset) Artist's impression of a launch abort test for the CEV under the Constellation Program. Back cover illustrations: (Left) Airborne drop test of a Crew Rescue Vehicle proposed for ISS. (Center) Water egress training for Shuttle astronauts. (Right) Beach abort test of a Launch Escape System. SPRINGER±PRAXIS BOOKS IN SPACE EXPLORATION SUBJECT ADVISORY EDITOR: John Mason, B.Sc., M.Sc., Ph.D. ISBN 978-0-387-69905-9 Springer Berlin Heidelberg New York Springer is part of Springer-Science + Business Media (springer.com) Library of Congress Control Number: 2008934752 Apart from any fair dealing for the purposes of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act 1988, this publication may only be reproduced, stored or transmitted, in any form or by any means, with the prior permission in writing of the publishers, or in the case of reprographic reproduction in accordance with the terms of licences issued by the Copyright Licensing Agency. Enquiries concerning reproduction outside those terms should be sent to the publishers. # Praxis Publishing Ltd, Chichester, UK, 2009 Printed in Germany The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a speci®c statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. -
Handbook for New Actors in Space Secure World Foundation
H SECURE WORLD FOUNDATION ANDBOOK HANDBOOK FOR NEW ACTORS IN SPACE SECURE WORLD FOUNDATION Space is rapidly changing. Every year, more numerous F and more diverse actors embark on increasingly novel, innovative, and disruptive ventures in outer space. They are OR HANDBOOK FOR joining the more than 70 states, commercial companies, N and international organizations currently operating over 1,500 satellites in Earth orbit. EW A NEW ACTORS The prospects are bright; accessing and exploring outer space now require less capital investment, less time, and CTORS fewer people than ever before. However, this rapid pace of IN SPACE growth and change exists in a complex landscape of legal, regulatory, political, technical, and administrative issues. New actors in space face a steep learning curve and will I stress existing institutions and governance frameworks. N Additionally, the inherently difficult and fragile nature of S the space environment means that accidents or mistakes in PACE space might affect us all. In considering the great possibilities for growth and innovation, and in light of the myriad and interlinked challenges new space activities will confront, the Secure World Foundation offers this Handbook for New Actors in Space in the hopes that it will assist all aspiring new entrants—whether governmental or non-governmental— in planning and conducting space activities in a safe and sustainable manner. 2017 EDITION 2017 Edition ISBN 978-0-692-45413-8 90000> | 1 9 780692 454138 2 | Handbook for New Actors in Space Secure World Foundation Handbook for New Actors in Space Edited by Christopher D. Johnson Nothing contained in this book is to be considered as rendering legal advice for specific cases, and readers are responsible for obtaining such advice from their legal counsel. -
General Assembly Distr.: General 9 November 2017 English Original: Chinese/English/Spanish
United Nations A/AC.105/1154 General Assembly Distr.: General 9 November 2017 English Original: Chinese/English/Spanish Committee on the Peaceful Uses of Outer Space International cooperation in the peaceful uses of outer space: activities of Member States Note by the Secretariat Contents Page I. Introduction ................................................................ 2 II. Replies received from Member States .......................................... 2 Austria .................................................................... 2 Brazil ..................................................................... 5 China ..................................................................... 9 Denmark .................................................................. 11 Germany .................................................................. 11 Italy ...................................................................... 13 Mexico .................................................................... 17 Norway ................................................................... 17 V.17-07896 (E) 131217 141217 *1707896* A/AC.105/1154 I. Introduction 1. At its fifty-fourth session, the Scientific and Technical Subcommittee of the Committee on the Peaceful Uses of Outer Space recommended that the Secretariat continue to invite Member States to submit annual reports on their space activities (A/AC.105/1138, para. 42). 2. In a note verbale dated 26 July 2017, the Secretary-General invited Member States to submit their reports by 16 October 2017. -
Owning Outer Space Ezra J
Northwestern Journal of International Law & Business Volume 20 Issue 1 Fall Fall 1999 Owning Outer Space Ezra J. Reinstein Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/njilb Part of the Air and Space Law Commons Recommended Citation Ezra J. Reinstein, Owning Outer Space, 20 Nw. J. Int'l L. & Bus. 59 (1999-2000) This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of International Law & Business by an authorized administrator of Northwestern University School of Law Scholarly Commons. Owning Outer Space Ezra J. Reinstein * I. INTRODUCTION What do we want from space? We want the knowledge we can gain from scientific research; we can learn much about the Earth and its inhabitants, as well as the universe around us, by studying space. We want to explore, to satisfy the thirst for adventure and conquest imagined in countless science fiction books and films. We want to improve our collective lot down here on Earth. Space offers the potential for practically limitless wealth, some already being exploited, some we may only harness in the distant future, and un- doubtedly some we cannot begin to guess. Already the wealth of space is being developed in the form of telecommunications and remote satellite ob- servation. The private-sector investment in telecommunications satellites alone was projected to total $54.3 billion (including launch) between 1996 and 20001 -- and this figure doesn't include other commercial space ven- tures, nor does it include investment in Russian and Chinese satellites. -
The Outer Space Legal Regime and UN Register of Space Objects
The Outer Space Legal Regime and UN Register of Space Objects ITU-R Symposium and Workshop on the Small Satellite Regulation and Communication Systems Prague, Czech Republic, 2-4 March 2015 Niklas Hedman United Nations Office for Outer Space Affairs 1 Legal Regime of Outer Space and Registration Outer Space Treaty Article VI “International responsibility” Article VII “International liability” Article VIII “Jurisdiction and control” Liability Convention Article II “Absolute liability” Article III “Fault liability” Article IV “Joint and several liability” Registration Convention Preamble Article I “Definitions” (LIAB Art. I) Articles II, III, IV (fundamental registration requirements) Rescue Agreement, NPS Principles, GA resolution 59/115, 62/101 and 68/74, COPUOS debris mitigation guidelines, Safety Framework on NPS 2 Status of the Registration Convention As of December 2014, there are 62 States Parties and 4 Signatory States: Algeria, Antigua and Barbuda, Argentina, Australia, Austria, Belarus, Belgium, Brazil, Bulgaria, Burundi (Signature only), Canada, Chile, China, Colombia, Costa Rica, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, France, Germany, Greece, Hungary, India, Indonesia, Islamic Republic of Iran (S), Italy, Japan, Kazakhstan, Kuwait, Lebanon, Libya, Liechtenstein, Lithuania, Mexico, Mongolia, Montenegro, Morocco, Netherlands, Nicaragua (S), Niger, Nigeria, Norway, Pakistan, Peru, Poland, Qatar, Republic of Korea, Russian Federation, Saint Vincent and the Grenadines, Saudi Arabia, Serbia, Seychelles, Singapore (S), Slovakia, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay. Three international intergovernmental organizations have declared their acceptance of rights and obligations: European Space Agency (ESA); European Organization for the Exploitation of Meteorological Satellites (EUMETSAT); European Telecommunications Satellite Organization (EUTELSAT-IGO). -
Academie BXL 10032016
Académie de l’Air et de l’Espace Regulation of space activities in Europe Tanja Masson-Zwaan, Dep. Director IIASL Brussels, 10 March 2016 Discover the world at Leiden University What is space law? • Law governing space activities • Where does space begin? • Discussion since 40+ years • Air: sovereignty (air law) • Outer space: freedom of use (space law) © 2016 T. Masson-Zwaan Discover the world at Leiden University UNCOPUOS: 5 Space Treaties • Outer Space Treaty - 1967 • ‘Constitution’ of outer space • Rescue Agreement - 1968 • Legal status of astronauts, accidents • Liability Convention- 1972 • Damage in space, in the air or on the ground • Registration Convention – 1975 • Objects must be registered nationally and with UN • Moon Agreement - 1979 • Exploitation of resources © 2016 T. Masson-Zwaan Discover the world at Leiden University Main principles • Exploration and use of outer space & celestial bodies is ‘free’ • For the benefit and in the interests of all states • Province of all Mankind • Appropriation of outer space and celestial bodies is forbidden • No sovereignty in space! • Int. law & UN Charter apply © 2016 T. Masson-Zwaan Discover the world at Leiden University Main principles (2) • Outer space is partially demilitarized • No nuclear weapons anywhere; celestial bodies for peaceful purposes only • Astronauts are ‘envoys of mankind’; support • States are internationally responsible • Also for private enterprises /individuals • Authorization & continuing supervision • Launching states are liable for damage • Often mandatory insurance in national law • ‘State of Registry’ retains jurisdiction/control • Registration is mandatory (UN & national) • No interference/harmful contamination © 2016 T. Masson-Zwaan Discover the world at Leiden University National implementation • Private commercial space activity growing • Must be authorized & supervised (art. -
The Registration Convention of 1975 Space News
2016/5/23 SPACE LAW AND POLICY WITH SIMULATED NEGOTIATIONS [7] THE REGISTRATION CONVENTION OF 1975 23 MAY 2016 YURI TAKAYA (PH.D) LECTURER, KOBE UNIVERSITY SPACE NEWS: BBC News [17 May 2016] First UK astronaut calls for more Brits in space Britain's first astronaut has said the UK risks becoming a "backward nation" if the government does not pay to send more people into space. Helen Sharman believes the country would lose many of the benefits of Tim Peake's mission if a commitment to more flights is not made very soon. Ms Sharman said that this was the UK's "last chance" to be involved "in the future of the human race". http://www.bbc.com/news/science-environment-36311799 1 2016/5/23 REGISTRATION CONVENTION OF 1975 CONVENTION ON REGISTRATION OF OBJECTS LAUNCHED INTO OUTER SPACE 3 Jurisdiction and Control State from whose territory State from whose facility State who launches States who procures Space object launched space object is launched 4 State of registry 2 2016/5/23 1. OVERVIEW check ◆Why important? to identify which space objects caused damage to identify who has jurisdiction and control over it (state of registry) to reduce suspicion against the deployment of WMD in orbit around the Earth ◆Preamble Recalling: The Outer Space Treaty of 1967: international responsibility + the state of registry The Rescue Agreement of 1968: a launching state furnish identifying data prior to the return of an object it has launched into outer space The Liability Convention of 1972: international rules and procedures about the liability of launching states for damage 5 1. -
Implications of the Space Agreement; a Critique of the Statement of the American President to Exploit Space Resources
ISSN: 2338 4638 Volume 4 Nomor 3 (2020) Implications of the Space Agreement; A Critique of the Statement of the American President to Exploit Space Resources Athari Farhani The Author is a graduate of the Faculty of Law University of Muhammadiyah Jakarta and an interest in Constitutional Law and Space Law 10.15408/adalah.v4i3.15624 Abstract: As the world’s population grows increasing demand for the planet’s limited resources, developed countries begin to explore outer space. One of them is the United States through its president statement Donald Trump who will explore and exploit space resources. While the law of space, including natural resources contained therein is a shared heritage of humanity. Whether said activities comply with the current provisions of international space law? Keywords: Outerspace, Natural Resources, Mining, Heritage of Mankind Abstrak: Ketika populasi dunia menumbuhkan permintaan akan sumber daya yang terbatas di planet ini, negara-negara maju mulai menjelajahi luar angkasa. Salah satunya adalah Amerika Serikat melalui pernyataan presidennya Donald Trump yang akan mengeksplorasi dan mengeksploitasi sumber daya ruang angkasa. Sedangkan hukum ruang, termasuk sumber daya alam yang terkandung di dalamnya adalah warisan kemanusiaan bersama. Apakah kegiatan tersebut memenuhi ketentuan hukum ruang angkasa internasional saat ini? Kata Kunci: Outerspace, Sumber Daya Alam, Penambangan, Warisan Manusia - 1 - ‘Adalah: Buletin Hukum dan Keadilan, Vol. 4, No. 3 (2020) Prolog The statement of US President Donald Trump, who has signed an agreement that America will explore natural resources in space, one of which on the moon. The Moon and other celestial bodies, such as Mars and asteroids, contain an abundant amount of re- sources that are scarce or non-existent on Earth, such as the isotope Helium-3 or useful metals like nickel and platinum. -
Critical Issues Related to Registration of Space Objects and Transparency of Space Activities
Acta Astronautica 143 (2018) 406–420 Contents lists available at ScienceDirect Acta Astronautica journal homepage: www.elsevier.com/locate/actaastro Critical issues related to registration of space objects and transparency of space activities Ram S. Jakhu a,*, Bhupendra Jasani b, Jonathan C. McDowell c a McGill-IASL, Montreal, Canada b King's College, London, UK c Harvard-Smithsonian Center for Astrophysics, USA1 ABSTRACT The main purpose of the 1975 Registration Convention is to achieve transparency in space activities and this objective is motivated by the belief that a mandatory registration system would assist in the identification of space objects launched into outer space. This would also consequently contribute to the application and development of international law governing the exploration and use of outer space. States Parties to the Convention furnish the required information to the United Nations' Register of Space Objects. However, the furnished information is often so general that it may not be as helpful in creating transparency as had been hoped by the drafters of the Convention. While registration of civil satellites has been furnished with some general details, till today, none of the Parties have described the objects as having military functions despite the fact that a large number of such objects do perform military functions as well. In some cases, the best they have done is to indicate that the space objects are for their defense establishments. Moreover, the number of registrations of space objects is declining. This paper addresses the challenges posed by the non-registration of space objects. Particularly, the paper provides some data about the registration and non-registration of satellites and the States that have and have not complied with their legal obligations.